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Senate Amendment 3436

Amendment Text

PAG LIN
  1  1    Amend House File 553, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  By striking everything after the enacting
  1  4 clause and inserting the following:  
  1  5     "DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
  1  6    Section 1.  GENERAL APPROPRIATION.  There is
  1  7 appropriated from the general fund of the state to the
  1  8 department of agriculture and land stewardship for the
  1  9 fiscal year beginning July 1, 1995, and ending June
  1 10 30, 1996, the following amounts, or so much thereof as
  1 11 is necessary, to be used for the purposes designated:
  1 12    1.  ADMINISTRATIVE DIVISION
  1 13    a.  For salaries, support, maintenance, the support
  1 14 of the state 4-H foundation, support of the statistics
  1 15 bureau, and miscellaneous purposes, and for the
  1 16 salaries and support of not more than the following
  1 17 full-time equivalent positions:  
  1 18 .................................................. $  1,763,343
  1 19 ............................................... FTEs      44.50
  1 20    (1)  Of the funds appropriated in this paragraph
  1 21 "a", $319,550 and 7.00 FTEs shall be used to support
  1 22 horticulture.
  1 23    (2)  Of the amount appropriated in this paragraph
  1 24 "a", $50,000 shall be allocated to the state 4-H
  1 25 foundation to foster the development of Iowa's youth
  1 26 and to encourage them to study the subject of
  1 27 agriculture.
  1 28    (3)  Of the amount appropriated in this paragraph
  1 29 "a", $130,100 and 4.00 FTEs shall be allocated to the
  1 30 statistics bureau to provide county-by-county
  1 31 information on land in farms, production by crop,
  1 32 acres by crop, and county prices by crop.  This
  1 33 information shall be made available to the department
  1 34 of revenue and finance for use in the productivity
  1 35 formula for valuing and equalizing the values of
  1 36 agricultural land.
  1 37    (4)  Of the amount appropriated in this paragraph
  1 38 "a", not more than $5,000 shall be allocated to the
  1 39 Iowa polled hereford junior association in connection
  1 40 with the 1995 national junior hereford show.
  1 41    (5)  As a condition of the amount appropriated in
  1 42 this paragraph "a", none of the following positions
  1 43 shall be supported from the amount:
  1 44    (a)  Any executive officer II in the department
  1 45 after September 30, 1995.
  1 46    (b)  Any public service executive II in the
  1 47 information bureau after June 30, 1995.
  1 48    (c)  Any information specialist III in the
  1 49 information bureau after June 30, 1995.
  1 50    b.  For the operations of the dairy trade practices
  2  1 bureau:  
  2  2 .................................................. $     66,273
  2  3    c.  For the purpose of performing commercial feed
  2  4 audits:  
  2  5 .................................................. $     61,932
  2  6    d.  For the purpose of performing fertilizer
  2  7 audits:  
  2  8 .................................................. $     61,932
  2  9    2.  REGULATORY DIVISION
  2 10    a.  For salaries, support, maintenance,
  2 11 miscellaneous purposes, and for not more than the
  2 12 following full-time equivalent positions:  
  2 13 .................................................. $  3,792,298
  2 14 ............................................... FTEs     122.50
  2 15    Of the moneys appropriated in this paragraph "a",
  2 16 $34,300 is allocated for purposes of purchasing
  2 17 equipment for grain examiners to comply with
  2 18 requirements of the United States department of labor
  2 19 occupational safety and health administration.
  2 20    b.  For the costs of inspection, sampling,
  2 21 analysis, and other expenses necessary for the
  2 22 administration of chapters 192, 194, and 195:  
  2 23 .................................................. $    642,122
  2 24    3.  LABORATORY DIVISION
  2 25    a.  For salaries, support, maintenance, and
  2 26 miscellaneous purposes, including the administration
  2 27 of the gypsy moth program, and for not more than the
  2 28 following full-time equivalent positions:  
  2 29 .................................................. $    845,528
  2 30 ............................................... FTEs      76.10
  2 31    (1)  Of the amount appropriated in this paragraph
  2 32 "a", $110,000 shall be used to administer a program
  2 33 relating to the detection, surveillance, and
  2 34 eradication of the gypsy moth.  The department shall
  2 35 allocate and use the appropriation made in this
  2 36 paragraph before moneys other than those appropriated
  2 37 in this paragraph are used to support the program.
  2 38    (2)  Of the amount appropriated in this paragraph
  2 39 "a", $25,000 shall be allocated to Iowa state
  2 40 university for purposes of supporting multiflora rose
  2 41 eradication research and projects.
  2 42    (3)  Of the amount appropriated in this paragraph
  2 43 "a", $25,000 shall be allocated to support aerial
  2 44 spray calibration efforts at Iowa state university.  
  2 45    b.  For the operations of the commercial feed
  2 46 programs:  
  2 47 .................................................. $    735,631
  2 48    c.  For the operations of the pesticide programs:  
  2 49 .................................................. $  1,271,464
  2 50    Of the amount appropriated in this paragraph "c",
  3  1 $200,000 shall be allocated to Iowa state university
  3  2 for purposes of training commercial pesticide
  3  3 applicators.
  3  4    d.  For the operations of the fertilizer programs:  
  3  5 .................................................. $    626,630
  3  6    4.  SOIL CONSERVATION DIVISION
  3  7    a.  For salaries, support, maintenance, assistance
  3  8 to soil conservation districts, miscellaneous
  3  9 purposes, and for not more than the following full-
  3 10 time equivalent positions:  
  3 11 .................................................. $  5,676,476
  3 12 ............................................... FTEs     177.30
  3 13    (1)  Of the amount appropriated in this paragraph
  3 14 "a", $330,000 shall be used to reimburse commissioners
  3 15 of soil and water conservation districts for
  3 16 administrative expenses.  Moneys used for the payment
  3 17 of meeting dues by counties shall be matched on a
  3 18 dollar-for-dollar basis by the soil conservation
  3 19 division.
  3 20    (2)  Of the amount appropriated and the number of
  3 21 full-time equivalent positions allocated in this
  3 22 paragraph "a", $165,000 and 6.50 FTEs shall be used to
  3 23 provide that 13 part-time field office secretary I
  3 24 positions are made full-time positions.  Of the amount
  3 25 appropriated and the number of full-time equivalent
  3 26 positions allocated in paragraph "a", $55,000 and 1
  3 27 FTE shall be used to support a public service
  3 28 executive I position in the field services section of
  3 29 the division.
  3 30    b.  To provide financial incentives for soil
  3 31 conservation practices under chapter 161A:  
  3 32 .................................................. $  5,918,606
  3 33    c.  The following requirements apply to the moneys
  3 34 appropriated in paragraph "b":
  3 35    (1)  Not more than 5 percent of the moneys
  3 36 appropriated in paragraph "b" may be allocated for
  3 37 cost sharing to abate complaints filed under section
  3 38 161A.47.
  3 39    (2)  Of the moneys appropriated in paragraph "b", 5
  3 40 percent shall be allocated for financial incentives to
  3 41 establish practices to protect watersheds above
  3 42 publicly owned lakes of the state from soil erosion
  3 43 and sediment as provided in section 161A.73.
  3 44    (3)  Not more than 30 percent of a district's
  3 45 allocation of moneys as financial incentives may be
  3 46 provided for the purpose of establishing management
  3 47 practices to control soil erosion on land that is row
  3 48 cropped, including but not limited to no-till
  3 49 planting, ridge-till planting, contouring, and contour
  3 50 strip-cropping as provided in section 161A.73.
  4  1    (4)  The state soil conservation committee created
  4  2 in section 161A.4 may allocate moneys to conduct
  4  3 research and demonstration projects to promote
  4  4 conservation tillage and nonpoint source pollution
  4  5 control practices.
  4  6    (5)  The financial incentive payments may be used
  4  7 in combination with department of natural resources
  4  8 moneys.
  4  9    d.  The provisions of section 8.33 shall not apply
  4 10 to the moneys appropriated in paragraph "b".
  4 11 Unencumbered or unobligated moneys remaining on June
  4 12 30, 1999, from moneys appropriated in paragraph "b"
  4 13 for the fiscal year beginning July 1, 1995, shall
  4 14 revert to the general fund on August 31, 1999.
  4 15    Sec. 2.  FARMERS' MARKET COUPON PROGRAM.  There is
  4 16 appropriated from the general fund of the state to the
  4 17 department of agriculture and land stewardship for the
  4 18 fiscal year beginning July 1, 1995, and ending June
  4 19 30, 1996, the following amount, or so much thereof as
  4 20 is necessary, to be used for the purposes designated:
  4 21    For salaries, support, maintenance, and
  4 22 miscellaneous purposes, to be used by the department
  4 23 to continue and expand the farmers' market coupon
  4 24 program by providing federal special supplemental food
  4 25 program recipients with coupons redeemable at farmers'
  4 26 markets, and for not more than the following full-time
  4 27 equivalent positions:  
  4 28 .................................................. $    215,335
  4 29 ............................................... FTEs       1.00
  4 30    Sec. 3.  PSEUDORABIES ERADICATION PROGRAM.
  4 31    1.  There is appropriated from the general fund of
  4 32 the state to the department of agriculture and land
  4 33 stewardship for the fiscal year beginning July 1,
  4 34 1995, and ending June 30, 1996, the following amount,
  4 35 or so much thereof as is necessary, to be used for the
  4 36 purpose designated:
  4 37    For support of the pseudorabies eradication
  4 38 program:  
  4 39 .................................................. $    900,200
  4 40    2.  Persons, including organizations interested in
  4 41 swine production in this state and in the promotion of
  4 42 Iowa pork products who contribute support to the
  4 43 program, are encouraged to increase financial support
  4 44 for purposes of ensuring the program's effective
  4 45 continuation.
  4 46    Sec. 4.  HORSE AND DOG RACING.  There is
  4 47 appropriated from the moneys available under section
  4 48 99D.13 to the regulatory division of the department of
  4 49 agriculture and land stewardship for the fiscal year
  4 50 beginning July 1, 1995, and ending June 30, 1996, the
  5  1 following amount, or so much thereof as is necessary,
  5  2 to be used for the purpose designated:
  5  3    For salaries, support, maintenance, and
  5  4 miscellaneous purposes for the administration of
  5  5 section 99D.22:  
  5  6 .................................................. $    191,106
  5  7    Sec. 5.  INTERSTATE COMPACT ON AGRICULTURAL GRAIN
  5  8 MARKETING.  There is appropriated from the general
  5  9 fund of the state to the interstate agricultural grain
  5 10 marketing commission for the fiscal year beginning
  5 11 July 1, 1995, and ending June 30, 1996, the following
  5 12 amount, or so much thereof as is necessary, to be used
  5 13 for the purpose designated:
  5 14    For carrying out duties of the commission as
  5 15 provided in Article IV of the interstate compact on
  5 16 agricultural grain marketing as provided in chapter
  5 17 183:  
  5 18 .................................................. $     80,000
  5 19             DEPARTMENT OF NATURAL RESOURCES
  5 20    Sec. 6.  GENERAL APPROPRIATION.  There is
  5 21 appropriated from the general fund of the state to the
  5 22 department of natural resources for the fiscal year
  5 23 beginning July 1, 1995, and ending June 30, 1996, the
  5 24 following amounts, or so much thereof as is necessary,
  5 25 to be used for the purposes designated:
  5 26    1.  ADMINISTRATIVE AND SUPPORT SERVICES
  5 27    For salaries, support, maintenance, miscellaneous
  5 28 purposes, and for not more than the following full-
  5 29 time equivalent positions:  
  5 30 .................................................. $  1,834,654
  5 31 ............................................... FTEs     113.50
  5 32    2.  PARKS AND PRESERVES DIVISION
  5 33    For salaries, support, maintenance, miscellaneous
  5 34 purposes, and for not more than the following full-
  5 35 time equivalent positions:  
  5 36 .................................................. $  5,510,462
  5 37 ............................................... FTEs     195.73
  5 38    3.  FORESTS AND FORESTRY DIVISION
  5 39    For salaries, support, maintenance, miscellaneous
  5 40 purposes, and for not more than the following full-
  5 41 time equivalent positions:  
  5 42 .................................................. $  1,479,218
  5 43 ............................................... FTEs      48.71
  5 44    4.  ENERGY AND GEOLOGICAL RESOURCES DIVISION
  5 45    For salaries, support, maintenance, miscellaneous
  5 46 purposes, and for not more than the following full-
  5 47 time equivalent positions:  
  5 48 .................................................. $  1,663,582
  5 49 ............................................... FTEs      52.00
  5 50    5.  ENVIRONMENTAL PROTECTION DIVISION
  6  1    a.  For salaries, support, maintenance,
  6  2 miscellaneous purposes, and for not more than the
  6  3 following full-time equivalent positions:  
  6  4 .................................................. $  1,591,943
  6  5 ............................................... FTEs     206.00
  6  6    b.  Of the amount appropriated and the number of
  6  7 full-time equivalent positions allocated in paragraph
  6  8 "a" at least $49,300 and 1 FTE shall be used to
  6  9 support the regulation of animal feeding operations.
  6 10    6.  WATER QUALITY PROTECTION FUND
  6 11    a.  For allocation to the administrative account of
  6 12 the water quality protection fund established pursuant
  6 13 to section 455B.183A, to carry out the purpose of that
  6 14 account:  
  6 15 .................................................. $    404,000
  6 16    b.  Of the number of FTEs authorized in subsection
  6 17 5, paragraph "a", 36 FTEs shall be dedicated to
  6 18 carrying out the provisions of chapter 455B relating
  6 19 to the administration, regulation, and enforcement of
  6 20 the federal Safe Drinking Water Act and to support the
  6 21 program to assist supply systems as provided in
  6 22 section 455B.183B.  However, the limitation on full-
  6 23 time equivalent positions provided in subsection 5,
  6 24 paragraph "a", shall not limit the number of
  6 25 additional full-time equivalent positions supported by
  6 26 moneys deposited in the water quality protection fund
  6 27 as provided in section 455B.183A, in order to carry
  6 28 out the provisions of division III of chapter 455B
  6 29 relating to the administration, regulation, and
  6 30 enforcement of the federal Safe Drinking Water Act,
  6 31 and the administration of the program to assist supply
  6 32 systems pursuant to section 455B.183B.
  6 33    c.  In providing assistance under this subsection,
  6 34 the department shall provide priority to systems
  6 35 serving a population of seven thousand or less.  At
  6 36 least two FTEs shall be allocated to provide
  6 37 assistance to systems serving a population of seven
  6 38 thousand or less.
  6 39    7.  FISH AND WILDLIFE DIVISION
  6 40    For not more than the following full-time
  6 41 equivalent positions:  
  6 42 ............................................... FTEs     340.93
  6 43    8.  WASTE MANAGEMENT ASSISTANCE DIVISION
  6 44    For not more than the following full-time
  6 45 equivalent positions:  
  6 46 ............................................... FTEs      16.75
  6 47    Sec. 7.  STATE FISH AND GAME PROTECTION FUND &endash;
  6 48 APPROPRIATION TO THE DIVISION OF FISH AND WILDLIFE.
  6 49    1.  There is appropriated from the state fish and
  6 50 game protection fund to the division of fish and
  7  1 wildlife of the department of natural resources for
  7  2 the fiscal year beginning July 1, 1995, and ending
  7  3 June 30, 1996, the following amount, or so much
  7  4 thereof as is necessary, to be used for the purposes
  7  5 designated:
  7  6    For administrative support, and for salaries,
  7  7 support, maintenance, equipment, and miscellaneous
  7  8 purposes:  
  7  9 .................................................. $ 20,637,657
  7 10    2.  The department shall not expend more moneys
  7 11 from the fish and game protection fund than provided
  7 12 in this section, unless the expenditure derives from
  7 13 contributions made by a private entity, or a grant or
  7 14 moneys received from the federal government, and is
  7 15 approved by the natural resource commission.  The
  7 16 department of natural resources shall promptly notify
  7 17 the legislative fiscal bureau and the chairpersons and
  7 18 ranking members of the joint appropriations
  7 19 subcommittee on agriculture and natural resources
  7 20 concerning the commission's approval.
  7 21    Sec. 8.  MARINE FUEL TAX RECEIPTS &endash; NONCAPITALS
  7 22 AND BOATING FACILITIES AND ACCESS.  There is
  7 23 appropriated from the marine fuel tax receipts
  7 24 deposited in the general fund of the state to the
  7 25 department of natural resources for the fiscal year
  7 26 beginning July 1, 1995, and ending June 30, 1996, the
  7 27 following amounts, or so much thereof as is necessary,
  7 28 to be used for the purposes designated:
  7 29    1.  For purposes of funding expenditures
  7 30 traditionally funded from marine fuel tax revenues,
  7 31 but not considered as capitals or operations:  
  7 32 .................................................. $    200,000
  7 33    2.  For purposes of maintaining and developing
  7 34 boating facilities and access to public waters by the
  7 35 parks and preserves division:  
  7 36 .................................................. $    411,311
  7 37    Notwithstanding section 8.33, the unencumbered or
  7 38 unobligated moneys remaining on June 30, 1996, from
  7 39 moneys appropriated in subsection 1, may be expended
  7 40 during the fiscal year beginning July 1, 1996, and
  7 41 ending June 30, 1997, and shall not revert to the
  7 42 general fund until August 31, 1997.
  7 43    Sec. 9.  SNOWMOBILE FEES &endash; TRANSFER FOR
  7 44 ENFORCEMENT PURPOSES.  There is transferred on July 1,
  7 45 1995, from the fees deposited under section 321G.7 to
  7 46 the fish and game protection fund and appropriated to
  7 47 the department of natural resources for the fiscal
  7 48 year beginning July 1, 1995, and ending June 30, 1996,
  7 49 the following amount, or so much thereof as is
  7 50 necessary, to be used for the purpose designated:
  8  1    For the purpose of enforcing snowmobile laws as
  8  2 part of the state snowmobile program administered by
  8  3 the department of natural resources:  
  8  4 .................................................. $    100,000
  8  5    Sec. 10.  VESSEL FEES &endash; TRANSFER FOR ENFORCEMENT
  8  6 PURPOSES.  There is transferred on July 1, 1995, from
  8  7 the fees deposited under section 462A.52 to the fish
  8  8 and game protection fund and appropriated to the
  8  9 department of natural resources for the fiscal year
  8 10 beginning July 1, 1995, and ending June 30, 1996, the
  8 11 following amount, or so much thereof as is necessary,
  8 12 to be used for the purpose designated:
  8 13    For purposes of administration and enforcement of
  8 14 navigation laws and water safety:  
  8 15 .................................................. $  1,200,000
  8 16          RESOURCES ENHANCEMENT AND PROTECTION
  8 17    Sec. 11.  GENERAL APPROPRIATION.  Notwithstanding
  8 18 the amount of the standing appropriation from the
  8 19 general fund of the state under section 455A.18,
  8 20 subsection 3, there is appropriated from the general
  8 21 fund of the state to the Iowa resources enhancement
  8 22 and protection fund, in lieu of the appropriation made
  8 23 in section 455A.18, for the fiscal year beginning July
  8 24 1, 1995, and ending June 30, 1996, the sum of
  8 25 $8,000,000, of which all moneys shall be allocated as
  8 26 provided in section 455A.19.  
  8 27             ANIMAL INDUSTRY APPROPRIATIONS
  8 28    Sec. 12.  LIVESTOCK PRODUCERS ASSISTANCE.
  8 29    1.  There is appropriated from the general fund of
  8 30 the state to Iowa state university of science and
  8 31 technology, for the fiscal year beginning July 1,
  8 32 1995, and ending June 30, 1996, the following amount,
  8 33 or so much thereof as is necessary, to be used for the
  8 34 purposes designated:
  8 35    For the administration of the livestock producers
  8 36 assistance program established pursuant to section
  8 37 266.39D, including salaries, support, maintenance,
  8 38 miscellaneous purposes, and for not more than the
  8 39 following full-time equivalent positions:  
  8 40 .................................................. $    100,000
  8 41 ............................................... FTEs       1.66
  8 42    2.  As a condition of this appropriation, the
  8 43 university shall strive to ensure that the program
  8 44 becomes increasingly self-sufficient.  The university
  8 45 shall adopt a plan detailing the manner in which the
  8 46 program will become self-sufficient, including the
  8 47 expected amount of state funds necessary to support
  8 48 the program until it becomes self-sufficient, the
  8 49 sources of revenue expected to contribute to the
  8 50 program, and the amount each source is expected to
  9  1 contribute to the program.  The plan shall be
  9  2 submitted to the legislative fiscal bureau by November
  9  3 1, 1995.
  9  4    3.  The provisions of section 8.33 shall not apply
  9  5 to the moneys appropriated in this section.
  9  6 Unencumbered or unobligated moneys remaining on June
  9  7 30, 1999, from moneys appropriated in this section for
  9  8 the fiscal year beginning July 1, 1995, shall revert
  9  9 to the general fund on August 31, 1999.
  9 10    Sec. 13.  ORGANIC NUTRIENT MANAGEMENT.
  9 11    1.  There is appropriated from the general fund of
  9 12 the state to the department of agriculture and land
  9 13 stewardship for the fiscal year beginning July 1,
  9 14 1995, and ending June 30, 1996, the following amount,
  9 15 or so much thereof as is necessary, to be used for the
  9 16 purposes designated:
  9 17    For deposit in the organic nutrient management fund
  9 18 for administration of the organic nutrient management
  9 19 program, as provided in section 161C.6:  
  9 20 .................................................. $    450,000
  9 21    2.  Notwithstanding section 161C.5, unencumbered or
  9 22 unobligated moneys remaining on June 30, 1999, from
  9 23 moneys appropriated in this section for the fiscal
  9 24 year beginning July 1, 1995, shall revert to the
  9 25 general fund on August 31, 1999.  
  9 26                 RELATED APPROPRIATIONS
  9 27    Sec. 14.  TRANSFERS FROM THE WATER PROTECTION FUND.
  9 28 Notwithstanding section 161C.4 and the reversion and
  9 29 allocation provisions in section 455A.19, subsection
  9 30 1, paragraph "c", of the unencumbered and unobligated
  9 31 moneys remaining on the effective date of this
  9 32 section, in the water protection fund created pursuant
  9 33 to section 161C.4, the following amounts shall be
  9 34 transferred first from the water protection practices
  9 35 account, and if necessary from the water quality
  9 36 protection projects account, which shall be used for
  9 37 the following purposes:
  9 38    1.  To the organic nutrient management fund created
  9 39 in section 161C.5 for the purposes of carrying out the
  9 40 organic nutrient management program as provided in
  9 41 section 161C.6:  
  9 42 .................................................. $    350,000
  9 43    2.  To provide financial incentives for soil
  9 44 conservation practices under chapter 161A, as provided
  9 45 in section 1 of this Act:  
  9 46 .................................................. $    500,000
  9 47    Moneys provided in this section shall be
  9 48 transferred first to the organic nutrient management
  9 49 fund as provided in subsection 1 before remaining
  9 50 moneys are transferred to provide financial incentives
 10  1 for soil conservation as provided in subsection 2.
 10  2    The provisions of section 8.33 shall not apply to
 10  3 the moneys transferred pursuant to this section.
 10  4 Unencumbered or unobligated moneys remaining on June
 10  5 30, 1999, from moneys transferred pursuant to this
 10  6 section for the fiscal year beginning July 1, 1995,
 10  7 shall revert to the account from which transferred on
 10  8 August 31, 1999.
 10  9    Sec. 15.  REVENUE ADMINISTERED BY THE IOWA
 10 10 COMPREHENSIVE UNDERGROUND STORAGE TANK FUND BOARD &endash;
 10 11 TRANSFER.  There is appropriated from the unassigned
 10 12 revenue fund administered by the Iowa comprehensive
 10 13 underground storage tank fund board, to the department
 10 14 of natural resources for the fiscal year beginning
 10 15 July 1, 1995, and ending June 30, 1996, the following
 10 16 amount, or so much thereof as is necessary, to be used
 10 17 for the purpose designated:
 10 18    For administration expenses of the underground
 10 19 storage tank section of the department of natural
 10 20 resources:  
 10 21 .................................................. $     75,000
 10 22    Sec. 16.  TRANSFER &endash; AIR QUALITY.  For the fiscal
 10 23 year beginning July 1, 1995, and ending June 30, 1996,
 10 24 the department of natural resources may transfer up to
 10 25 $281,000 from the hazardous substance remedial fund to
 10 26 support purposes related to carrying out the duties of
 10 27 the commission under section 455B.133, or the director
 10 28 under section 455B.134, or for carrying out the
 10 29 provisions of chapter 455B, division II.
 10 30    Sec. 17.  WIND EROSION CONTROL FUND.  On the
 10 31 effective date of this section, all unencumbered or
 10 32 unobligated moneys appropriated to the wind erosion
 10 33 control fund, and any unencumbered or unobligated
 10 34 moneys which have been credited to the division of
 10 35 soil conservation of the department of agriculture and
 10 36 land stewardship for purposes of planting and
 10 37 maintaining wind erosion control barriers, as
 10 38 originally provided in 1978 Iowa Acts, chapter 1108,
 10 39 section 7, and subsequently amended, shall be
 10 40 transferred to the road use tax fund created in
 10 41 section 312.1.  
 10 42                      MISCELLANEOUS
 10 43    Sec. 18.  STATE NURSERIES.  Notwithstanding section
 10 44 17A.2, subsection 10, paragraph "g", the department of
 10 45 natural resources shall adopt administrative rules
 10 46 establishing prices of plant material grown at the
 10 47 state forest nurseries to cover all expenses related
 10 48 to the growing of the plants.
 10 49    The department shall develop programs to encourage
 10 50 the wise management and preservation of existing
 11  1 woodlands and shall continue its efforts to encourage
 11  2 forestation and reforestation on private and public
 11  3 lands in the state.
 11  4    The department shall encourage a cooperative
 11  5 relationship between the state forest nurseries and
 11  6 private nurseries in the state in order to achieve
 11  7 these goals.
 11  8    Sec. 19.  HUNGRY CANYONS CONFERENCE.
 11  9    1.  The department of natural resources in
 11 10 cooperation with the loess hills development and
 11 11 conservation authority, shall sponsor a conference not
 11 12 later than September 1, 1995, regarding the erosion
 11 13 and degradation of stream channels in counties in the
 11 14 deep loess region of western Iowa, and specifically
 11 15 the area referred to as hungry canyons.  The
 11 16 conference shall discuss the impacts of the erosion
 11 17 and degradation of stream channels in the area and its
 11 18 adverse effect upon rural infrastructure, including
 11 19 public roads and bridges, agricultural production,
 11 20 stream water quality, and riparian habitat.  The
 11 21 conference shall consider impacts of policies of the
 11 22 United States army corps of engineers upon the area.
 11 23    2.  Conferees shall include representatives of the
 11 24 department of natural resources, the loess hills
 11 25 development and conservation authority, the division
 11 26 of soil conservation of the department of agriculture
 11 27 and land stewardship, and the state department of
 11 28 transportation.  Each soil and water conservation
 11 29 district in the area may elect one commissioner to
 11 30 serve as a conferee.  Each county board of supervisors
 11 31 in a county in the area may elect one supervisor to
 11 32 serve as a conferee.  The department of natural
 11 33 resources shall invite other interested persons to
 11 34 serve as conferees, including members of Iowa's
 11 35 congressional delegation, the chairperson and ranking
 11 36 member of the standing committee on natural resources,
 11 37 environment and energy of the senate, the chairperson
 11 38 and ranking member of the standing committees on
 11 39 natural resources and environmental protection of the
 11 40 house of representatives, the chairpersons and ranking
 11 41 members of the joint appropriations subcommittee on
 11 42 agriculture and natural resources, members of the Iowa
 11 43 general assembly who represent affected legislative
 11 44 districts, and representatives of the United States
 11 45 army corps of engineers, the United States
 11 46 environmental protection agency, the United States
 11 47 department of interior, and the natural resources
 11 48 conservation service of the United States department
 11 49 of agriculture.
 11 50    3.  The department of natural resources shall
 12  1 report to the general assembly not later than January
 12  2 15, 1996, regarding findings and recommendations of
 12  3 the conferees.
 12  4    Sec. 20.  TRANSFER OF MONEYS OR POSITIONS; CHANGES
 12  5 IN TABLES OF ORGANIZATION &endash; NOTIFICATION.  Each
 12  6 fiscal quarter of the fiscal year beginning July 1,
 12  7 1995, the department of agriculture and land
 12  8 stewardship and the department of natural resources
 12  9 shall notify the chairpersons, vice chairpersons, and
 12 10 ranking members of the joint appropriations
 12 11 subcommittee on agriculture and natural resources for
 12 12 the previous fiscal quarter of any transfer of moneys
 12 13 or full-time equivalent positions made by either
 12 14 department which is not authorized in this Act, or any
 12 15 permanent position added to or deleted from either
 12 16 department's table of organization.
 12 17    Sec. 21.  TRUST FUND INFORMATION.  For the fiscal
 12 18 year beginning July 1, 1995, and ending June 30, 1996,
 12 19 the department of revenue and finance in cooperation
 12 20 with each appropriate agency shall track receipts to
 12 21 the general fund of the state which under law were
 12 22 previously collected to be used for specific purposes,
 12 23 or to be credited to, or be deposited to a particular
 12 24 account or fund, as provided in section 8.60.
 12 25    The department of revenue and finance and each
 12 26 appropriate agency shall prepare reports detailing
 12 27 revenue from receipts previously deposited into each
 12 28 of the funds.  A report shall be submitted to the
 12 29 legislative fiscal bureau at least once for each
 12 30 three-month period as designated by the legislative
 12 31 fiscal bureau.
 12 32    Sec. 22.  DEPARTMENTAL INFORMATION REQUIRED.
 12 33    1.  For the fiscal year beginning July 1, 1995, and
 12 34 ending June 30, 1996, the department of agriculture
 12 35 and land stewardship and the department of natural
 12 36 resources, in cooperation as necessary with the
 12 37 department of management and the department of
 12 38 personnel, shall provide a list to the legislative
 12 39 fiscal bureau, on a quarterly basis, of all permanent
 12 40 positions added to or deleted from the departments'
 12 41 table of organization in the previous fiscal quarter.
 12 42 This list shall include at least the position number,
 12 43 salary range, projected funding source or sources of
 12 44 each position, and the reason for the addition or
 12 45 deletion.  The legislative fiscal bureau may use this
 12 46 information to assist in the establishment of the
 12 47 full-time equivalent position limits authorized in law
 12 48 for the departments.
 12 49    2.  For the fiscal year beginning July 1, 1995, and
 12 50 ending June 30, 1996, the department of natural
 13  1 resources shall provide the legislative fiscal bureau
 13  2 information and financial data by cost center, on at
 13  3 least a monthly basis, relating to the indirect cost
 13  4 accounting procedure, the amount of funding from each
 13  5 funding source for each cost center, and the internal
 13  6 budget system used by the department.  The information
 13  7 shall include but is not limited to financial data
 13  8 covering the department's budget by cost center and
 13  9 funding source prior to the start of the fiscal year,
 13 10 and to the department's actual expenditures by cost
 13 11 center and funding source after the accounting system
 13 12 has been closed for that fiscal year.
 13 13    3.  For the fiscal year beginning July 1, 1995, and
 13 14 ending June 30, 1996, the department of agriculture
 13 15 and land stewardship shall provide the legislative
 13 16 fiscal bureau information and financial data on at
 13 17 least a monthly basis, relating to the internal budget
 13 18 system used by the department.  The information shall
 13 19 include but is not limited to financial data covering
 13 20 the department's budget prior to the start of the
 13 21 fiscal year, and to the department's actual
 13 22 expenditures after the accounting system has been
 13 23 closed for that fiscal year.
 13 24    Sec. 23.  DIRECTION TO CODE EDITOR &endash; UPDATE
 13 25 REFERENCES TO UNITS REORGANIZED UNDER THE UNITED
 13 26 STATES DEPARTMENT OF AGRICULTURE.  The Code editor is
 13 27 directed, to every extent possible, to update
 13 28 references in the Code relating to units of government
 13 29 under the authority of the United States department of
 13 30 agriculture to conform with the current names of those
 13 31 units.
 13 32    Sec. 24.  PREFERENCE PROVIDED &endash; PERSONS MEETING
 13 33 ELIGIBILITY REQUIREMENTS OF THE GREEN THUMB PROGRAM.
 13 34 In its employment of persons in temporary positions in
 13 35 conservation and outdoor recreation for the fiscal
 13 36 year beginning July 1, 1995, and ending June 30, 1996,
 13 37 the department of natural resources shall give
 13 38 preference to persons meeting eligibility requirements
 13 39 for the green thumb program and to persons working
 13 40 toward an advanced education in natural resources and
 13 41 conservation.
 13 42    Sec. 25.  GYPSY MOTH LITIGATION.  The department of
 13 43 agriculture and land stewardship and the office of the
 13 44 attorney general shall cooperate in bringing legal
 13 45 action against parties liable for damages caused by
 13 46 the shipment from the state of Michigan of trees or
 13 47 other plants infested with gypsy moths.
 13 48    Sec. 26.  SOIL CONSERVATION DIVISION &endash; USE OF
 13 49 UNOBLIGATED MONEYS FOR THE PURCHASE OF EQUIPMENT.
 13 50 Notwithstanding section 8.33, or 1994 Iowa Acts,
 14  1 chapter 1199, section 8, subsection 17, and section
 14  2 88, the moneys appropriated to the soil conservation
 14  3 division of the department of agriculture and land
 14  4 stewardship pursuant to chapter 1199, section 8,
 14  5 subsection 17, and section 88, which are not obligated
 14  6 or encumbered on June 30, 1995, for purposes of
 14  7 supporting soil conservation technicians, shall not
 14  8 revert to the general fund of the state but shall be
 14  9 used by the division of soil conservation for the
 14 10 fiscal year beginning July 1, 1995, and ending June
 14 11 30, 1996, for purposes of purchasing equipment for
 14 12 soil conservation field offices.
 14 13    Sec. 27.  AIR QUALITY PROGRAM &endash; NONGENERAL FUND
 14 14 SUPPORT.  The department of natural resources for the
 14 15 fiscal year beginning July 1, 1995, and ending June
 14 16 30, 1996, shall not use moneys appropriated from the
 14 17 general fund of the state pursuant to this Act, to
 14 18 support any purpose related to carrying out the duties
 14 19 of the commission under section 455B.133 or the
 14 20 director under section 455B.134, or for carrying out
 14 21 the provisions of chapter 455B, division II.
 14 22    Notwithstanding section 455B.133B, the department
 14 23 may use moneys deposited in the air contaminant source
 14 24 fund created in section 455B.133B during the fiscal
 14 25 year beginning July 1, 1995, and ending June 30, 1996,
 14 26 for any purpose related to carrying out the duties of
 14 27 the commission under section 455B.133 or the director
 14 28 under section 455B.134, or for carrying out the
 14 29 provisions of chapter 455B, division II.
 14 30    Sec. 28.  RULES RELATING TO PESTICIDE AND
 14 31 FERTILIZER CONTAMINATED SITES &endash; ENVIRONMENTAL
 14 32 PROTECTION COMMISSION.  The environmental protection
 14 33 commission shall adopt all rules required to establish
 14 34 criteria for the classification and prioritization of
 14 35 sites upon which pesticide or fertilizer contamination
 14 36 has been discovered, as provided in section 455B.601
 14 37 not later than January 1, 1996.
 14 38    Sec. 29.  DEPUTY SECRETARY OF AGRICULTURE &endash; STUDY.
 14 39 The joint appropriations subcommittee on agriculture
 14 40 and natural resources shall conduct a study of the
 14 41 functions and duties of the deputy secretary of
 14 42 agriculture, the effectiveness of the position, and
 14 43 any methods to improve the position's effectiveness.  
 14 44                    STATUTORY CHANGES
 14 45    Sec. 30.  1993 Iowa Acts, chapter 176, section 25,
 14 46 subsection 2, as amended by 1994 Iowa Acts, chapter
 14 47 1198, section 31, is amended to read as follows:
 14 48    2.  Notwithstanding section 8.33, unencumbered or
 14 49 unobligated moneys remaining on June 30, 1993, from
 14 50 moneys appropriated pursuant to 1992 Iowa Acts, Second
 15  1 Extraordinary Session, chapter 1001, section 402, may
 15  2 be expended during the fiscal period beginning July 1,
 15  3 1993, and ending June 30, 1995 1996, and shall not
 15  4 revert to the general fund until August 31, 1995 1996.
 15  5    Sec. 31.  1994 Iowa Acts, chapter 1119, section 32,
 15  6 subsection 2, unnumbered paragraph 1, is amended to
 15  7 read as follows:
 15  8    Notwithstanding section 423.24, as amended in this
 15  9 Act, for each fiscal year of the period beginning on
 15 10 July 1, 1993, and ending July 1, 1994 June 30, 1996,
 15 11 an amount equal to two and one-half percent of the
 15 12 total moneys used to support value-added agricultural
 15 13 products and processes as provided in that section,
 15 14 which would otherwise be allocated to the value-added
 15 15 agricultural products and processes financial
 15 16 assistance fund, shall instead be allocated to the
 15 17 office of renewable fuels and coproducts.  The moneys
 15 18 shall be used for purposes of conducting soydiesel
 15 19 demonstration projects administered by the state
 15 20 department of transportation under the oversight of
 15 21 the renewable fuels and coproducts advisory committee.
 15 22    Sec. 32.  1994 Iowa Acts, chapter 1119, section 32,
 15 23 subsection 2, paragraph b, is amended to read as
 15 24 follows:
 15 25    b.  The state department of transportation shall
 15 26 evaluate the performance of vehicles operating on
 15 27 soydiesel fuel, including the rate of repairs on the
 15 28 vehicles and comments of persons operating and
 15 29 maintaining the vehicles.  The department shall submit
 15 30 initial findings and recommendations to the renewable
 15 31 fuels and coproducts advisory committee which shall
 15 32 submit a report to the senate and chief clerk of the
 15 33 house, the legislative service bureau, the
 15 34 chairpersons and ranking members of the senate
 15 35 standing committee on agriculture, the senate standing
 15 36 committee on small business, economic development and
 15 37 tourism, the house of representatives standing
 15 38 committee on agriculture, and the house of
 15 39 representatives standing committee on small business,
 15 40 economic development and trade.  The department shall
 15 41 submit final findings and recommendations to the
 15 42 renewable fuels and coproducts advisory committee
 15 43 which shall submit a report to the general assembly.
 15 44 The An initial report shall be due on October 1, 1994.
 15 45 The final, an interim report shall be due on March 1,
 15 46 1995, and a final report shall be due on October 1,
 15 47 1996.
 15 48    Sec. 33.  1994 Iowa Acts, chapter 1119, section 32,
 15 49 subsection 2, paragraph d, is amended to read as
 15 50 follows:
 16  1    d.  Moneys available under this section which
 16  2 remain unexpended or unobligated on June 30, 1994,
 16  3 shall remain available to support the demonstration
 16  4 project and shall not revert pursuant to section 8.33.
 16  5 Moneys remaining unexpended or unobligated on June 30,
 16  6 1995 1996, shall be credited to the value-added
 16  7 agricultural products and processes financial
 16  8 assistance fund as created in section 15E.112.
 16  9    Sec. 34.  Section 8.60, Code 1995, is amended to
 16 10 read as follows:
 16 11    8.60  USE OF DESIGNATED MONEYS.
 16 12    Moneys credited to or deposited in the general fund
 16 13 of the state on or after July 1, 1993, which under law
 16 14 were previously collected to be used for specific
 16 15 purposes, or to be credited to, or be deposited to a
 16 16 particular account or fund shall only be used for the
 16 17 purposes for which the moneys were collected,
 16 18 including but not limited to moneys collected in
 16 19 accordance with any of the following provisions:
 16 20    1.  Pari-mutuel regulation fund created in section
 16 21 99D.17, Code Supplement 1993.
 16 22    2.  Excursion boat gambling special account
 16 23 pursuant to section 99F.4, subsection 2, Code
 16 24 Supplement 1993.
 16 25    3.  Milk fund created in section 192.111, Code
 16 26 Supplement 1993.
 16 27    4.  Dairy trade practices trust fund pursuant to
 16 28 section 192A.30, Code Supplement 1993.
 16 29    5.  Commercial feed fund created in section 198.9,
 16 30 Code Supplement 1993.
 16 31    6.  Fertilizer fund created in section 200.9, Code
 16 32 Supplement 1993.
 16 33    7.  Pesticide fund created in section 206.12, Code
 16 34 Supplement 1993.
 16 35    8. 3.  Motor vehicle fraud account pursuant to
 16 36 section 312.2, subsection 13, Code Supplement 1993.
 16 37    9. 4.  Public transit assistance fund pursuant to
 16 38 section 312.2, subsection 15, and section 324A.6, Code
 16 39 Supplement 1993.
 16 40    10. 5.  Salvage vehicle fee paid to the Iowa law
 16 41 enforcement academy pursuant to section 321.52, Code
 16 42 Supplement 1993.
 16 43    11. 6.  Railroad assistance fund created in section
 16 44 327H.18, Code Supplement 1993.
 16 45    12. 7.  Special railroad facility fund created in
 16 46 section 327I.23, Code Supplement 1993.
 16 47    13. 8.  State aviation fund created in section
 16 48 328.36, Code Supplement 1993.
 16 49    14.  Marine fuel tax fund created in section
 16 50 452A.79, Code Supplement 1993.
 17  1    15. 9.  Public outdoor recreation and resources
 17  2 fund pursuant to section 461A.79, Code Supplement
 17  3 1993.
 17  4    16. 10.  Energy research and development fund
 17  5 created in section 473.11, Code Supplement 1993.
 17  6    17. 11.  Utilities trust fund created in section
 17  7 476.10, Code Supplement 1993.
 17  8    18. 12.  Banking revolving fund created in section
 17  9 524.207, Code Supplement 1993.
 17 10    19. 13.  Credit union revolving fund created in
 17 11 section 533.67, Code Supplement 1993.
 17 12    20. 14.  Professional licensing revolving fund
 17 13 created in section 546.10, Code Supplement 1993.
 17 14    Sec. 35.  Section 161C.4, unnumbered paragraph 1,
 17 15 Code 1995, is amended to read as follows:
 17 16    A water protection fund is created within the
 17 17 division.  The fund is composed of money appropriated
 17 18 by the general assembly for that purpose, and moneys
 17 19 available to and obtained or accepted by the state
 17 20 soil conservation committee from the United States or
 17 21 private sources for placement in the fund.  The fund
 17 22 shall be divided into two accounts, the water quality
 17 23 protection projects account and the water protection
 17 24 practices account.  The first account shall be used to
 17 25 carry out water quality protection projects to protect
 17 26 the state's surface and groundwater from point and
 17 27 nonpoint sources of contamination.  The second account
 17 28 shall be used to establish water protection practices
 17 29 with individual landowners including but not limited
 17 30 to woodland establishment and protection,
 17 31 establishment of native grasses and forbs, sinkhole
 17 32 management, agricultural drainage well management,
 17 33 streambank stabilization, grass waterway
 17 34 establishment, stream buffer strip establishment, and
 17 35 erosion control structure construction.  Twenty-five
 17 36 percent of funds appropriated to the water protection
 17 37 practices account shall be used for woodland
 17 38 establishment and protection, and establishment of
 17 39 native grasses and forbs.  Soil and water conservation
 17 40 district commissioners shall give priority to
 17 41 applications for practices that implement their soil
 17 42 and water resource conservation plan.  The fund shall
 17 43 be a revolving fund from which moneys may be used for
 17 44 loans, grants, administrative costs, and cost-sharing.
 17 45    Sec. 36.  Section 192.111, subsection 3, Code 1995,
 17 46 is amended by striking the subsection.
 17 47    Sec. 37.  NEW SECTION.  192.112  MILK FUND.
 17 48    1.  A milk fund is established in the state
 17 49 treasury under the control of the department.  The
 17 50 fund shall consist of any money appropriated by the
 18  1 general assembly and any other moneys available to and
 18  2 obtained or accepted by the department from the
 18  3 federal government or private sources for placement in
 18  4 the fund.  Fees collected under sections 192.111,
 18  5 192.133, 194.14, 194.19, 194.20, and 195.9 shall be
 18  6 deposited in the fund.  All moneys deposited under
 18  7 this section are appropriated to the department for
 18  8 the costs of inspection, sampling, analysis, and other
 18  9 expenses necessary for the administration of this
 18 10 chapter and chapters 194 and 195.
 18 11    2.  In each fiscal year, the secretary shall
 18 12 calculate the balance of funds deposited under this
 18 13 section by subtracting all moneys expended for the
 18 14 costs of inspection, sampling, analysis, and other
 18 15 expenses necessary for the administration of this
 18 16 chapter and chapters 194 and 195.  If the calculation
 18 17 shows a balance of funds deposited under this section
 18 18 on June 30 of any fiscal year equal to or exceeding
 18 19 one hundred fifty thousand dollars, the secretary
 18 20 shall reduce the fees provided for in section 192.111
 18 21 and section 194.20 for the next fiscal year in an
 18 22 amount which will result in an ending estimated
 18 23 balance of such funds for June 30 of the next fiscal
 18 24 year of one hundred fifty thousand dollars.
 18 25    3.  All moneys in the milk fund are subject to
 18 26 audit by the auditor of state.  The milk fund is
 18 27 subject at all times to warrants by the director of
 18 28 revenue and finance, drawn upon written requisition of
 18 29 the secretary.  Notwithstanding section 8.33, moneys
 18 30 in the milk fund shall remain in the milk fund and
 18 31 shall not revert to the general fund of the state.
 18 32 Notwithstanding section 12C.7, subsection 2, interest
 18 33 or earnings on moneys deposited in the milk fund shall
 18 34 be credited to the milk fund.
 18 35    Sec. 38.  Section 192.133, Code 1995, is amended to
 18 36 read as follows:
 18 37    192.133  LICENSE TERM &endash; FEES.
 18 38    A license, unless earlier revoked, is valid until
 18 39 July 1 after the date of its issuance.  The maximum
 18 40 fee for a license is twenty-five dollars, which shall
 18 41 be paid before the license is issued, and standard
 18 42 test bottles and pipettes shall be furnished at actual
 18 43 cost.  Fees collected under this section shall be
 18 44 deposited and used as required in section 192.111 in
 18 45 the milk fund established in section 192.112.
 18 46    Sec. 39.  Section 192A.30, Code 1995, is amended to
 18 47 read as follows:
 18 48    192A.30  PERMIT FEES.
 18 49    For the purpose of administering and enforcing this
 18 50 chapter, a processor or a person purchasing milk
 19  1 products from a processor for wholesale distribution
 19  2 shall obtain a permit, as provided by departmental
 19  3 rule, before milk products are sold by the person or
 19  4 wholesale purchaser in this state.  The processor or
 19  5 wholesale purchaser shall pay to the secretary a
 19  6 permit fee in an amount set by the secretary, not to
 19  7 exceed five mills per hundredweight on milk processed
 19  8 into dairy products as defined in section 192A.1, and
 19  9 sold within the state of Iowa.  However, the permit
 19 10 fee for the sale of ice cream or an additive variant
 19 11 of ice cream or nonmilk-fat imitation shall not exceed
 19 12 three mills per gallon.  Products upon which fees have
 19 13 been paid are exempt from further fees in successive
 19 14 transactions.  The fees for each month thus computed
 19 15 shall be paid to the secretary on or before the
 19 16 twenty-fifth day of the following month.  The fees
 19 17 shall be deposited in the milk fund established in
 19 18 section 192.112.
 19 19    Fees paid to the secretary shall be deposited into
 19 20 the general fund of the state and shall be subject to
 19 21 the requirements of section 8.60.
 19 22    Sec. 40.  Section 194.14, Code 1995, is amended to
 19 23 read as follows:
 19 24    194.14  LICENSE TERM &endash; FEES.
 19 25    A milk grader's license, unless sooner revoked, is
 19 26 valid until July 1 after the date of issuance.  The
 19 27 maximum fee for each license is ten dollars, which
 19 28 shall be paid before the license is issued.  Fees
 19 29 collected under this section shall be deposited and
 19 30 used as required in section 192.111 in the milk fund
 19 31 established pursuant to section 192.112.
 19 32    Sec. 41.  Section 194.19, unnumbered paragraph 1,
 19 33 Code 1995, is amended to read as follows:
 19 34    A vehicle used for the collection of milk for
 19 35 manufacture of dairy products shall first be licensed
 19 36 by the department.  A license, unless earlier revoked,
 19 37 is valid until July 1 after the date of its issuance.
 19 38 The maximum fee for a license is twenty-five dollars,
 19 39 which shall be paid before the license is issued.  A
 19 40 fee shall not be imposed under this section if the
 19 41 vehicle or its operator has paid the fee imposed upon
 19 42 milk haulers under section 192.111.  Fees collected
 19 43 under this section shall be deposited and used as
 19 44 required in section 192.111 in the milk fund
 19 45 established in section 192.112.  This section does not
 19 46 apply to individuals transporting their own dairy
 19 47 products.
 19 48    Sec. 42.  Section 194.20, Code 1995, is amended to
 19 49 read as follows:
 19 50    194.20  INSPECTION FEES &endash; GRADE "B" MILK.
 20  1    A purchaser of milk from a grade "B" milk producer
 20  2 shall pay an inspection fee not greater than one-half
 20  3 cent per hundredweight.  The fee is payable monthly to
 20  4 the department at a time prescribed by the department.
 20  5 Fees collected under this section shall be deposited
 20  6 and used as required in section 192.111 in the milk
 20  7 fund established in section 192.112.
 20  8    Sec. 43.  Section 195.9, Code 1995, is amended to
 20  9 read as follows:
 20 10    195.9  LICENSE TERM &endash; FEES.
 20 11    A license, unless sooner revoked, is valid until
 20 12 July 1 after the date of its issuance.  The maximum
 20 13 fee for a license is twenty-five dollars which shall
 20 14 be paid before the license is issued.  Fees collected
 20 15 under this section shall be deposited and used as
 20 16 required in section 192.111 in the milk fund
 20 17 established in section 192.112.
 20 18    Sec. 44.  Section 198.9, subsection 3, Code 1995,
 20 19 is amended to read as follows:
 20 20    3.  Fees collected shall be deposited in the
 20 21 general fund of the state and shall be subject to the
 20 22 requirements of section 8.60 commercial feed trust
 20 23 fund established in section 198.9A.  Moneys deposited
 20 24 under this section shall be used for the payment of
 20 25 the costs of inspection, sampling, analysis,
 20 26 supportive research, and other expenses necessary for
 20 27 the administration of this chapter.
 20 28    If there is an unencumbered balance of funds from
 20 29 the fees deposited under this section on June 30 of
 20 30 any fiscal year equal to or exceeding one hundred
 20 31 thousand dollars, the secretary of agriculture shall
 20 32 reduce the per ton fee provided for in subsection 1
 20 33 for the next fiscal year in such amount as will result
 20 34 in an ending estimated balance of the fees deposited
 20 35 less costs paid for from those fees for June 30 of the
 20 36 next fiscal year of one hundred thousand dollars.
 20 37    The secretary shall publish a report not later than
 20 38 September 1 of each year.  The report shall provide a
 20 39 detailed accounting of all sources of revenue
 20 40 deposited under and all dispositions of funds expended
 20 41 under this section.  The report shall detail full-time
 20 42 equivalent positions used in fulfilling the
 20 43 requirements of this chapter.  The report shall also
 20 44 indicate to what extent any full-time equivalent
 20 45 positions are shared with other programs.  Copies of
 20 46 the report issued by the secretary pursuant to this
 20 47 subsection shall be delivered each year to the members
 20 48 of the house of representatives and senate standing
 20 49 committees on agriculture.
 20 50    Sec. 45.  NEW SECTION.  198.9A  COMMERCIAL FEED
 21  1 TRUST FUND.
 21  2    1.  A commercial feed trust fund is established in
 21  3 the state treasury under the control of the
 21  4 department.  The fund shall consist of any moneys
 21  5 appropriated to the fund by the general assembly and
 21  6 any other moneys available to and obtained or accepted
 21  7 by the department from the federal government or
 21  8 private sources for placement in the fund.  Fees
 21  9 collected under section 198.9 shall be deposited in
 21 10 the fund.  Moneys deposited in the fund shall be used
 21 11 for the payment of the costs of inspection, sampling,
 21 12 analysis, supportive research, and other expenses
 21 13 necessary for the administration of this chapter.
 21 14    2.  If there is an unencumbered balance of moneys
 21 15 in the fund on June 30 of any fiscal year equal to or
 21 16 exceeding one hundred thousand dollars, the secretary
 21 17 of agriculture shall reduce the per ton fee provided
 21 18 for in section 198.9, subsection 1, for the next
 21 19 fiscal year in such amount as will result in an ending
 21 20 estimated balance of the fees deposited less costs
 21 21 paid for from those fees for June 30 of the next
 21 22 fiscal year of one hundred thousand dollars.
 21 23    3.  The secretary shall publish a report not later
 21 24 than September 1 of each year.  The report shall
 21 25 provide a detailed accounting of all sources of
 21 26 revenue deposited under and all dispositions of moneys
 21 27 deposited in the fund.  The report shall detail full-
 21 28 time equivalent positions used in fulfilling the
 21 29 requirements of this chapter.  The report shall also
 21 30 indicate to what extent any full-time equivalent
 21 31 positions are shared with other programs.  Copies of
 21 32 the report issued by the secretary pursuant to this
 21 33 subsection shall be delivered each year to the members
 21 34 of the standing committees on agriculture of the house
 21 35 of representatives and the senate.
 21 36    Sec. 46.  Section 200.4, subsection 1, Code 1995,
 21 37 is amended to read as follows:
 21 38    1.  Any person who manufactures, mixes, blends,
 21 39 mixes to customers order, offers for sale, sells, or
 21 40 distributes any fertilizer or soil conditioner in Iowa
 21 41 must first obtain a license from the secretary of
 21 42 agriculture and shall pay a ten-dollar license fee for
 21 43 each place of manufacture or distribution from which
 21 44 fertilizer or soil conditioner products are sold or
 21 45 distributed in Iowa.  Such The license fee shall be
 21 46 paid annually on July 1 of each year.  The license fee
 21 47 shall be deposited in the fertilizer fund established
 21 48 in section 200.9.
 21 49    Sec. 47.  Section 200.8, subsection 3, Code 1995,
 21 50 is amended by striking the subsection.
 22  1    Sec. 48.  Section 200.9, Code 1995, is amended to
 22  2 read as follows:
 22  3    200.9  FERTILIZER FEES FUND.
 22  4    1.  A fertilizer fund is established in the state
 22  5 treasury under the control of the department of
 22  6 agriculture and land stewardship.  The fund shall
 22  7 consist of any moneys appropriated by the general
 22  8 assembly and any other moneys available to and
 22  9 obtained or accepted by the department from the
 22 10 federal government or private sources for placement in
 22 11 the fund.  Fees collected for licenses and inspection
 22 12 fees under sections 200.4 and 200.8, with the
 22 13 exception of those fees collected for deposit in the
 22 14 agriculture management account of the groundwater
 22 15 protection fund, shall be deposited in the general
 22 16 fund of the state and shall be subject to the
 22 17 requirements of section 8.60.  Fees collected pursuant
 22 18 to chapter 201 shall also be deposited in the fund.
 22 19 Moneys deposited under this section to into the
 22 20 general fund from fees collected pursuant to this
 22 21 chapter shall be used only by the department for the
 22 22 purpose of inspection, sampling, analysis,
 22 23 preparation, and publishing of reports and other
 22 24 expenses necessary for administration of this chapter
 22 25 and chapter 201.  The secretary may assign moneys to
 22 26 the Iowa agricultural experiment station for research,
 22 27 work projects, and investigations as needed for the
 22 28 specific purpose of improving the regulatory functions
 22 29 for enforcement of this chapter.
 22 30    2.  If there is an unencumbered balance of moneys
 22 31 deposited in the fund from fees collected pursuant to
 22 32 this chapter on June 30 of any fiscal year equal to or
 22 33 exceeding three hundred fifty thousand dollars, the
 22 34 secretary of agriculture shall reduce the per ton fee
 22 35 provided for in subsection 1 and the annual license
 22 36 fee established pursuant to section 201.3 for the next
 22 37 fiscal year in such amount as will result in an ending
 22 38 estimated balance of such funds for June 30 of the
 22 39 next fiscal year of three hundred fifty thousand
 22 40 dollars.
 22 41    3.  All moneys in the fund are subject to audit by
 22 42 the auditor of state.  The fund is subject at all
 22 43 times to warrants by the director of revenue and
 22 44 finance, drawn upon written requisition of the
 22 45 secretary.  Notwithstanding section 8.33, moneys in
 22 46 the fertilizer fund shall remain in the fertilizer
 22 47 fund and shall not revert to the general fund of the
 22 48 state.  Notwithstanding section 12C.7, subsection 2,
 22 49 interest or earnings on moneys deposited in the
 22 50 fertilizer fund shall be credited to the fertilizer
 23  1 fund.
 23  2    Sec. 49.  Section 201.13, Code 1995, is amended to
 23  3 read as follows:
 23  4    201.13  MONEYS TO GENERAL THE FERTILIZER FUND &endash;
 23  5 PERIODIC REPORT.
 23  6    The moneys received under this chapter shall be
 23  7 deposited in the general fund of the state and shall
 23  8 be subject to the requirements of section 8.60.
 23  9 Moneys deposited under this section shall be used by
 23 10 the department of agriculture and land stewardship
 23 11 only for the purpose of inspection, sampling,
 23 12 analyzing, preparing and publishing of reports, and
 23 13 other expenses necessary for the administration of
 23 14 this chapter fertilizer fund as provided in section
 23 15 200.9.  The secretary shall issue an annual report
 23 16 showing a statement of moneys received from license
 23 17 and testing fees, and a biennial report which shall be
 23 18 made available to the public showing the
 23 19 certifications of the effective calcium carbonate
 23 20 equivalent for all agricultural lime, limestone, or
 23 21 aglime certified as provided in this chapter.  The
 23 22 report shall list the manufacturers and producers and
 23 23 their locations.  Copies of all reports issued by the
 23 24 secretary pursuant to this section shall be sent to
 23 25 the members of the house of representatives and senate
 23 26 standing committees on agriculture.
 23 27    Sec. 50.  Section 206.12, subsection 3, Code 1995,
 23 28 is amended to read as follows:
 23 29    3.  The registrant, before selling or offering for
 23 30 sale any pesticide for use in this state, shall
 23 31 register each brand and grade of such pesticide with
 23 32 the secretary upon forms furnished by the secretary,
 23 33 and the secretary shall set the registration fee
 23 34 annually at one-fifth of one percent of gross sales
 23 35 within this state with a minimum fee of two hundred
 23 36 fifty dollars and a maximum fee of three thousand
 23 37 dollars for each and every brand and grade to be
 23 38 offered for sale in this state except as otherwise
 23 39 provided.  The annual registration fee for products
 23 40 with gross annual sales in this state of less than one
 23 41 million five hundred thousand dollars shall be the
 23 42 greater of two hundred fifty dollars or one-fifth of
 23 43 one percent of the gross annual sales as established
 23 44 by affidavit of the registrant.  The secretary shall
 23 45 adopt by rule exemptions to the minimum fee.  Fifty
 23 46 dollars of each fee collected shall be deposited in
 23 47 the general fund of the state, shall be subject to the
 23 48 requirements of section 8.60, and shall be used only
 23 49 for the purpose of enforcing the provisions of this
 23 50 chapter pesticide fund established in section 206.12A,
 24  1 and the remainder of each fee collected shall be
 24  2 placed in the agriculture management account of the
 24  3 groundwater protection fund.
 24  4    Sec. 51.  NEW SECTION.  206.12A  PESTICIDE FUND.
 24  5    1.  A pesticide fund is established in the state
 24  6 treasury under the control of the department.  The
 24  7 fund shall consist of any moneys appropriated to the
 24  8 fund by the general assembly and any other moneys
 24  9 available to and obtained or accepted by the
 24 10 department from the federal government or private
 24 11 sources for placement in the fund.  Fees collected
 24 12 under section 206.12 shall be deposited in the fund.
 24 13 The moneys in the fund shall be used only for the
 24 14 purpose of enforcing the provisions of this chapter.
 24 15    2.  All moneys in the pesticide fund are subject to
 24 16 audit by the auditor of state.  The fund is subject at
 24 17 all times to warrants by the director of revenue and
 24 18 finance, drawn upon written requisition of the
 24 19 secretary.  Notwithstanding section 8.33, moneys in
 24 20 the pesticide fund shall remain in the fund and shall
 24 21 not revert to the general fund of the state.
 24 22 Notwithstanding section 12C.7, subsection 2, interest
 24 23 or earnings on moneys deposited in the pesticide fund
 24 24 shall be credited to the pesticide fund.
 24 25    Sec. 52.  Section 452A.79, unnumbered paragraph 2,
 24 26 and subsections 1, 2, 3, 4, and 5, Code 1995, are
 24 27 amended to read as follows:
 24 28    All moneys derived from the excise tax on the sale
 24 29 of motor fuel used in watercraft shall be deposited in
 24 30 the general marine fuel tax fund of the state
 24 31 established in section 452A.83.  Moneys deposited to
 24 32 the general fund under this section and section
 24 33 452A.84 are subject to the requirements of section
 24 34 8.60 and are subject to appropriation by the general
 24 35 assembly to the department of natural resources for
 24 36 use in its recreational boating program, which may
 24 37 include but is not limited to:
 24 38    1.  Dredging and renovation of natural lakes of
 24 39 this state.
 24 40    2.  Acquisition, development and maintenance of
 24 41 access to public boating waters.
 24 42    3.  Development and maintenance of boating
 24 43 facilities and navigation aids.
 24 44    4.  Administration, operation, and maintenance of
 24 45 recreational boating activities of the department of
 24 46 natural resources.
 24 47    5.  Acquisition, development and maintenance of
 24 48 recreation facilities associated with recreational
 24 49 boating.
 24 50    Sec. 53.  NEW SECTION.  452A.83  MARINE FUEL TAX
 25  1 FUND.
 25  2    1.  A marine fuel tax fund is established in the
 25  3 state treasury under the control of the department.
 25  4 The fund shall consist of any moneys appropriated to
 25  5 the fund by the general assembly and any other moneys
 25  6 available to and obtained or accepted by the
 25  7 department from the federal government or private
 25  8 sources for placement in the fund.  Moneys collected
 25  9 pursuant to section 452A.79 shall be deposited in the
 25 10 fund.  Moneys collected pursuant to this chapter from
 25 11 the motor fuel tax fund shall be transferred to the
 25 12 fund as provided in section 452A.84.
 25 13    2.  Moneys deposited or transferred into the fund
 25 14 are subject to appropriation by the general assembly
 25 15 to the department of natural resources for its
 25 16 recreational boating program which may include, but is
 25 17 not limited to:
 25 18    a.  Dredging and renovation of natural lakes of
 25 19 this state.
 25 20    b.  Acquisition, development, and maintenance of
 25 21 access to public boating waters.
 25 22    c.  Development and maintenance of boating
 25 23 facilities and navigation aids.
 25 24    d.  Administration, operation, and maintenance of
 25 25 recreational boating activities of the department of
 25 26 natural resources.
 25 27    e.  Acquisition, development, and maintenance of
 25 28 recreation facilities associated with recreational
 25 29 boating.
 25 30    3.  All moneys in the marine fuel tax fund are
 25 31 subject to audit by the auditor of state.  The fund is
 25 32 subject at all times to warrants by the director of
 25 33 revenue and finance, drawn upon written requisition of
 25 34 the department.  Notwithstanding section 8.33, moneys
 25 35 in the marine fuel tax fund shall remain in the fund
 25 36 and shall not revert to the general fund of the state.
 25 37 Notwithstanding section 12C.7, subsection 2, interest
 25 38 or earnings on moneys deposited in the marine fuel tax
 25 39 fund shall be credited to the marine fuel tax fund.
 25 40    Sec. 54.  Section 452A.84, Code 1995, is amended to
 25 41 read as follows:
 25 42    452A.84  TRANSFER TO STATE GENERAL MARINE FUEL TAX
 25 43 FUND.
 25 44    The treasurer of state shall transfer from the
 25 45 motor fuel tax fund to the general marine fuel tax
 25 46 fund of the state established pursuant to section
 25 47 452A.83, that portion of moneys collected under this
 25 48 chapter attributable to motor fuel used in watercraft
 25 49 computed as follows:
 25 50    1.  Determine monthly the total amount of motor
 26  1 fuel tax collected under this chapter and multiply the
 26  2 amount by nine-tenths of one percent.
 26  3    2.  Subtract from the figure computed pursuant to
 26  4 subsection 1 of this section three percent of the
 26  5 figure for administrative costs and further subtract
 26  6 from the figure the amounts refunded to commercial
 26  7 fishers pursuant to section 452A.17, subsection 13.
 26  8 All moneys remaining after claims for refund and the
 26  9 cost of administration have been made shall be
 26 10 transferred to the general marine fuel tax fund of the
 26 11 state.
 26 12    Sec. 55.  Section 455B.183A, subsection 2,
 26 13 paragraph b, Code 1995, is amended to read as follows:
 26 14    b.  The operation of a public water supply system,
 26 15 including any part of the system.  The fees may be
 26 16 based on the type and size of community served by the
 26 17 system.  The commission shall adopt a fee schedule
 26 18 which shall be based on the total number of persons
 26 19 served by public water supply systems in this state.
 26 20 The commission shall calculate all fees in the
 26 21 schedule to produce total revenues equaling four
 26 22 hundred seventy-five thousand dollars for the fiscal
 26 23 year beginning July 1, 1994, and ending June 30, 1995,
 26 24 seven hundred thousand dollars for the fiscal year
 26 25 beginning July 1, 1995, and ending June 30, 1996, nine
 26 26 hundred thousand dollars for the fiscal year beginning
 26 27 July 1, 1996, and ending June 30, 1997, and one
 26 28 million two hundred thousand dollars for each
 26 29 subsequent fiscal year.  For the fiscal year beginning
 26 30 July 1, 1994, and ending June 30, 1995, twenty-five
 26 31 thousand dollars shall be deposited in the
 26 32 administration account and four hundred fifty thousand
 26 33 dollars shall be deposited in the public water supply
 26 34 system account.  For each subsequent fiscal year, one-
 26 35 half of the fees shall be deposited into the
 26 36 administration account and one-half of the fees shall
 26 37 be deposited into the public water supply system
 26 38 account.  By May 1 of each year, the department shall
 26 39 estimate the total revenue expected to be collected
 26 40 from the overpayment of fees, which are all fees in
 26 41 excess of the amount of the total revenues which are
 26 42 expected to be collected under the current fee
 26 43 schedule, and the total revenue expected to be
 26 44 collected from the payment of fees during the next
 26 45 fiscal year.  The commission shall adjust the fees if
 26 46 the estimate exceeds the amount of revenue required to
 26 47 be deposited in the fund pursuant to this paragraph.
 26 48    Sec. 56.  Section 455E.11, subsection 2, paragraph
 26 49 a, subparagraph (12), subparagraph subdivision (c),
 26 50 Code 1995, is amended to read as follows:
 27  1    (c)  Twelve and one-half cents per ton per year is
 27  2 appropriated to the department of natural resources to
 27  3 provide additional toxic cleanup days and for the
 27  4 natural resource geographic information system
 27  5 required under section 455E.8, subsection 6.
 27  6 Departmental rules adopted for implementation of toxic
 27  7 cleanup days shall provide sufficient flexibility to
 27  8 respond to the household hazardous material collection
 27  9 needs of both small and large communities.
 27 10    Sec. 57.  EFFECTIVE DATES.
 27 11    1.  Sections 14, 17, 19, and 26 of this Act, being
 27 12 deemed of immediate importance, take effect upon
 27 13 enactment.
 27 14    2.  The amendments in this Act to 1993 Iowa Acts,
 27 15 chapter 176, section 25, subsection 2, as amended by
 27 16 1994 Iowa Acts, chapter 1198, section 31, being deemed
 27 17 of immediate importance, take effect upon enactment.
 27 18    3.  The amendments in this Act to 1994 Iowa Acts,
 27 19 chapter 1119, section 32, being deemed of immediate
 27 20 importance, take effect upon enactment.
 27 21    4.  The amendments in this Act to section
 27 22 455B.183A, being deemed of immediate importance, take
 27 23 effect upon enactment.
 27 24    5.  Sections 8.60, 192.111, 192.112, 192.133,
 27 25 192A.30, 194.14, 194.19, 194.20, 195.9, 198.9, 198.9A,
 27 26 200.4, 200.8, 200.9, 201.13, 206.12, 206.12A, 452A.79,
 27 27 452A.83, and 452A.84, Code 1995, as amended or enacted
 27 28 by this Act take effect July 1, 1996.
 27 29    6.  This section, being deemed of immediate
 27 30 importance, takes effect upon enactment."
 27 31    #2.  Title page, by striking lines 1 through 4 and
 27 32 inserting the following:  "An Act relating to
 27 33 agriculture and natural resources, by providing for
 27 34 appropriations and revenue, providing related
 27 35 statutory changes, and providing effective dates." 
 27 36 
 27 37 
 27 38                              
 27 39 DENNIS H. BLACK
 27 40 HF 553.304 76
 27 41 da/cf
     

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